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When it comes to powers of attorney, there are two basic types: property and healthcare. The person selected to make decisions is called the agent, and the person granting the authority is called the principle. Property powers of attorney are designed to allow the agent authority to sign documents, open…
Once upon a time, there were these somewhat sexist laws called “dower and curtesy.” These laws applied to the specific amount of a decedent’s estate to which his or her surviving spouse would be entitled. They were usually very different; men received more than women. Over the years, these laws…
In 2010, John Armstrong, a Mississippi man suffering from severe schizophrenia, delusions and paranoia, killed his mother, Joan Armstrong, by bludgeoning her repeatedly with a brick and stabbing her multiple times in the stomach and chest. Due to his severe mental illness the criminal court found him incompetent to stand…
Gene Chandler (aka Eugene Dixon) was one of the more prominent figures in mid-Twentieth Century Soul and R&B. In 1962, he released his biggest hit – The Duke of Earl. Following this award winning number one billboard hit, he began to refer to himself as the Duke of Earl. However,…
When a business owner passes away, there are inevitably additional concerns for the estate. For instance, should the business be closed, or should the business continue to be operated by surviving family members? How should the company’s assets be distributed among heirs? Experienced New York elder law attorneys can assist…
Supplemental Needs Trusts (also called Special Needs Trusts) have become fairly popular in recent years. These trusts are designed to protect a disabled person’s assets in order to ensure the greatest amount of funds available for care and support. In 1993, Congress passed legislation in 42 U.S.C. § 1396 et…
How does joint tenancy avoid probate? Let’s use a simple example: the family home. When an aging widow places her home in joint tenancy with an adult daughter, they both immediately are entitled to possession and ownership. Each has the same rights. If the property is rented, each is entitled…
Estate planning attorneys are frequently asked a troubling question: what’s the quickest, cheapest, and easiest way to just avoid probate altogether? Of course, you can never expect an attorney to provide a blanket response to that question. It is similar to asking your doctor, “What’s the quickest, easiest, and cheapest…
With an aging population, more adult children are finding themselves faced with the difficult dilemma of caring for aging parents. In fact, the Centers for Disease Control estimate that nearly 34 million Americans provide caregiver services to someone over 18 who suffers from illness or disability. Roughly 83% are family…
Julius Schaller was a Hungarian-American immigrant was a wealthy grocery store owner who had acquired substantial assets that exceeded the threshold for paying estate taxes. In order to avoid the tax burden, he established a special scholarship foundation for Hungarian immigrants who pursue performing arts. He named it the Educational…